STATE v. MacNEILL

No. 20090863-CA.

286 P.3d 1278 (2012)

2012 UT App 263

STATE of Utah, Plaintiff and Appellee, v. Martin MacNEILL, Defendant and Appellant.

Court of Appeals of Utah.

September 20, 2012.


Attorney(s) appearing for the Case

Randall K. Spencer and Stephanie L. O'Brien , Provo, for Appellant.

Mark L. Shurtleff and Jeffrey S. Gray , Salt Lake City, for Appellee.

Before Judges McHUGH, ORME, and CHRISTIANSEN.


OPINION

ORME, Judge:

¶ 1 Defendant Martin MacNeill appeals the trial court's denial of his motion to quash bindover. Defendant argues that Rule 25 of the Utah Rules of Criminal Procedure bars refiling the charges against him eight months after they were initially dismissed. Defendant also contends that the refiling violated his due process rights and his right to a speedy trial. We affirm.

BACKGROUND

¶ 2 The State charged Defendant...

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